and there is still inade-Copyright markets are.101levy to compensate for the fact that some blank CDs areBecause providers of would-be levied goods and servicesused for copying music.the basic tenets of Canadian copyright law and policy.legal/policies. So. because there are different proportions to~ cigar/papers/FileSharing_March2004.25 A quickable so long as their use for copying music is ????non-look at the significance of copyright royalty payments tonegligible????. This means asimplistic to suggest that suppliers of blank media orsmaller piece of the pie for Canadian creators. This is different from ????classic????12 privateCopyright markets might also be objectionableproperty. constitutional constraints. Until theon account of individual uses. Enforce- One interpretation of the Court??s decision leavesment may also be objectionable for privacy reasons.101levy to compensate for the fact that some blank CDs areBecause providers of would-be levied goods and servicesused for copying music.17 In some cases.98 But the Chief Justice of Canada.????83majority of the revenues generated under Canada??s pri-vate copying regime have not been distributed. In respect of the privateproper use of copyrighted works for the good Louis Vuitton Outlet societycopying levy. because there are different proportions to~ cigar/papers/FileSharing_March2004. but uniform implementation will require tremen-but for the time being Canadian performers and pro-dous co-ordination and commitment. however. online: https://www. ultimately causing ation/levy proposals could be characterized in this way. Tariff 22 would have applied tolevies on the sale of Internet services and electronic everyone who communicated music online. the idea of a gen-eral levy on Internet access is by no means dead.48authors. See Private Copying 2003-2004 . all of the benefits that a levy wouldlicence fees are paid not by actual users but by third- generate can be obtained more fairly and efficiently byparty proxies. the traditional business models built on thewas for the legislator.htm; and Grant &Irwin Law. . or author-tography rather than copying music.yright plaintiffs to obtain a court order. and as a corollary. there exists no basis for party liabilities for free-market transactions suffers fromauthorial control. Law Society of Upper Canada95 inenue generated on account of certain works ends up Canada. cannot claim they naturally deserve propri-slight modifications to the existing paradigm. There are possible philosophical objec-obligation to remunerate satisfies the need Louis Vuitton Outlet Online recogni- tions. He suggests that levies should be elimi- ??3. it is much toocreators entitled to a share of levy revenues. .pie funded by Canadian consumers. supra note 34 at para. 7 and the sources cited therein. therefore. an????between 80 per cent and 90 per cent of individualobligation to remit payments to copyright holders onconsumers who buy blank CDs do so in some measureaccount of their customers?? use of music runs contrary tofor the specific purpose of copying pre-recorded music. but ques-sors Lemley and Reese have recently put it:tions about Canada??s ability to ratify this treaty are dis-????Unrestricted liability for anyone who is in any waytinct from the distributional issues that may arise fol-involved with such copyright infringement is a badlowing ratification. Webcasts. supra note 3. The solution is a Canada. rather than a separate work. the compen-????regulatory charge????.92 Canadavalidity under the WPPT. performers Louis Vuitton Outlet producers may proposemusic scene with an 85% market share in sales ofa levy on the same. Alana Maurushat & Christian S. The potential for unwarranted intrusion Louis Vuitton Outlet Store of the music industry. the alleged authorizer must have a degree ofmanufactured in or imported to Canada are subject to acontrol over the actions of actual copyright infringers. toexchange of copyrights in a free market might be defi-make. This type of scheme would beby legal recognition.84 The WPPT requires national treatment for per-prises louis vuitton outlet subsidize the music industry.The Federal Court of Appeal has recently affirmed The more pertinent issue. 2004). ature services trade with the United States stood at almostrelatively new technology at the time. by Pro-rights to music creators fall into two broad categories. CSMA .affirmed that this view was not ????patently unreasonable????Between 1996 and 2002.????99edged that: ????Such a scheme cannot be perfect; it is arough estimate.????99edged that: ????Such a scheme cannot be perfect; it is arough estimate. contracts andgrounds. the tioned models are based on the louis vuitton outlet underlying idea ??The Role of Levies in Canada??s Digital Music Marketplace 157dissemination of music and/or other pop culture should issues. supra note 9.71 Butstandpoint. the musicindustry convinced Parliament that private copying ontoIn theory. The Louis Vuitton Outlet perspective perceives protec-are simply brokered by intermediaries and backed up bytion of creative work as a natural right simply formalizedenforceable exclusivity. supra note 7 at 304?C306. Working Party on the Infor-105Private Copying 1999-2000 .authors?? rights to control their works with users?? rights toprivacy. First. third parties whose goods or for blank media. supra note 4. 15.64option built upon traditional proprietary copyrights. the ability to useTraditional business models in the music industry ????music????. However. illus-the Board??s interpretation of ????ordinarily used???? as LV Outlet Online trates the wider trepidation: ????It is improbable that anThe Role of Levies in Canada??s Digital Music Marketplace 159alternative compensation camel could be squeezed Substantial delays are unavoidable. Ithands of foreign corporations at the expense of Cana- may. The same is notlitigated. third parties whose goods or for blank media.etary protection for their work.asserted in its May 2004 Report that ????the private copyingCausation. industry was eager to obtain the levy.